United States of America v. Eugenio Haros-Giron

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EUGENIO HAROS-GIRON,
Defendant - Appellant.
No. 11-50563
D.C. No. 3:11-cr-01097-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted November 13, 2012**
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Eugenio Haros-Giron appeals from the 60-month sentence imposed
following his guilty-plea conviction for conspiracy to import marijuana, in
violation of 21 U.S.C. §§ 952, 960, 963; and importation of marijuana and aiding
FILED
NOV 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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and abetting, in violation of 21 U.S.C. §§ 952, 960, and 18 U.S.C. § 2. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Haros-Giron contends that the district court erred by denying him relief
under the safety valve provision of the Guidelines. See U.S.S.G. § 5C1.2. This
contention fails. The record supports the district court’s determination that
Haros-Giron acted as a manager or supervisor during the commission of the
offense. See U.S.S.G. § 3B1.1(b); United States v. Egge, 223 F.3d 1128, 1132 (9th
Cir. 2000). Because Haros-Giron’s aggravating role in the offense precludes the
application of safety valve relief, the district court did not err. See U.S.S.G.
§ 5C1.2(a)(4).
AFFIRMED.

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